The Roles of the State and Federal Government in a Pandemic

Journal of Nation Security Law and Policy (2020 Forthcoming)

21 Pages Posted: 2 Jun 2020

See all articles by Emily Berman

Emily Berman

University of Houston Law Center

Date Written: June 2, 2020

Abstract

A recurring question during the coronavirus pandemic response in the Spring of 2020 has been about the division of labor and the allocation of authority between the state and federal government. This essay briefly outlines the respective roles of the state and federal governments and lays out the powers and authorities they each bring to bear in a pandemic situation. It then considers whether the federal response reflected these previously understood roles. It concludes that while President Trump was relatively quick to assert powers that he did not possess, he was less willing to invoke powers that he did, in fact, enjoy. The result was a strong rhetorical role for the federal government, but an anemic one when it came to actually carrying out federal responsibilities.

Keywords: Pandemic, federalism, emergency, disaster relief, public health

Suggested Citation

Berman, Emily, The Roles of the State and Federal Government in a Pandemic (June 2, 2020). Journal of Nation Security Law and Policy (2020 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3617058 or http://dx.doi.org/10.2139/ssrn.3617058

Emily Berman (Contact Author)

University of Houston Law Center ( email )

100 Law Center
Suite 210 TUII
Houston, TX 77204-6060
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
196
Abstract Views
654
rank
174,750
PlumX Metrics